Planning & Zoning - Regular Meeting

before uh we do a work session for about 30 minutes before the meeting starts. So, we're going to be going over some of these issues before the meeting starts so you'll know what we're doing. Okay, we can't hear you back here. Okay, I'll try to talk louder. For those who have not been with us before, we do a work session prior to our meeting. Our meeting starts at 6, so we're going to be doing a work session for about 30 minutes. You hear it? Okay, you ready?

Mr. Wood, we're pulling up the plan. Just one minute. Tess. Ready?

Go. All right. The following cases were continued from the November 4th meeting. S82532 final map approval of Palino reservey of part of block 31 Shades Cliff. Uh the site is zoned R1 single family residential. It's located at 1020 Alford Avenue. The purpose is to combine three lots into two lots. Staff recommends approval contingent on the submittal of the final signed myar. Any questions on this one? Okay, let's keep moving.

S92536 Yates addition to Hoover zoned R1 single family residential located at 232 Caliente Drive. The purpose of the plaid is to adjust the property line dividing lot one block two of Martinwood Estates first sector and lot 21 block two of Martinwood Estates fourth sector. Staff recommends the applicant request a continuance uh to address the comments. Have you not heard from the applicant on this on Yates? Not we have not.

Okay, let's move on. S102545 preliminary map approval for Black Ridge commercial lot zone PUD planned unit development located at the south end of Blackidge Parkway. The purpose of the plat is to create two commercial lots in one common area from 13.7 acres. The staff recommends the applicant request a continuance pending approval of the traffic study and concurrence from Shelby County on the intersection design. Okay. Has applicant been made aware of the continuence? Yes, sir.

Okay. Any questions? All right. Let's skip the next one and move on to the subdivision. Do all the subdivision cases and we'll come back to that one. All right. S 122549 final map approval for the replat of lots C3 and C4 B moment phase one zone PC plan commercial located at 5280 Valley Road. The purpose is to consolidate two lots into one. Staff recommends approval contingent on the submittal of the final signed myar.

Any comments? Okay, let's keep going. S22550, final map approval for Birch Tree Swim and Racket Club zoned R1 single family residential located at 3585 Burnt Leaf Lane. The purpose is to resubdivize three lots and one acreage tracked into two lots. The applicant has requested a continuence.

Any comments on this?

Okay. S 122551 Everly phase 5B sector 2 zone PUD located at 4595 Linton Drive in Everly. The purpose is to create 56 residential lots from the subdivision of acreage. The case is conditionally approved based on the applicant completing pavement through the binder layer, all drainage and street elements by Friday, December 19th. The conditional approval does not wave any city inspections and materials testing requirements. All city regulation must be met. The plaque will not be signed and or recorded until the contingency item are complete. Okay. Any comments on this one?

Okay, let's keep moving. S12552, final map approval for Black Ridge South, reservey of lots 1813 and CA93, zone PUD PR1, located at 1185 Clifton Road and Black Ridge South. The purpose is to reconfigure the lot line between lot 1813 and CA93. Staff recommends approval. Any comments? You have a comment? You looked like you had a comment. I'm trying to read. It's kind of small. [laughter]

Okay, let's keep moving. S22553 final map approval for Everly phase 1D zoned pod located at 1676 Timberview Road in Everly. The purpose is to create 58 residential lots and two common area lots. The case is conditionally approved based on the applicant completing the pavement through the binder layer, all drainage and street elements by Friday, December 19th. The conditional approval does not wave any city inspections and materials testing requirements. All city regulations must be met. The plat will not be signed and/or recorded until the contingency items are complete.

Any comments? Okay, let's keep going. S1 122554 final map approval for a reservey of lot 1901 of trace crossing sector 19 zone PR1 planned residential located at 5651 Brocks Cove and Trace Crossings. The purpose is to add a storm sewer easement across lot 1901. Staff recommends the applicant request a continuance.

Okay. Any comments on this one? All right, let's go back. Mac, I think you've got the next case would be the school. All right. Um, let's see. We've had one conditional use case continued for this evening. That was uh for case 1225-14, 5250 Medford Drive. a request for the sale of offremise uh liquor. Okay, that has been continued by the applicant to the January meeting. All right.

Uh that brings us to um final conditional use case that we have of the evening was continued from the previous meeting and uh this is for C-1025-12500 corporate drive. Uh Mitchell Marshall on behalf of Muhammad bin Jazia is requesting conditional use approval for K through2 school and community center at property located at 2500 corporate park drive or corporate drive in the Metobrook uh plan unit development. Property is zoned PO plan to office in that particular um plan unit development. Uh staff has reviewed the application as well as a traffic study and other ancillary materials that were submitted with the application. And at present uh staff are unable to make a positive recommendation on the proposed use. Uh the reasons are as follows. Um we did not find that the proposed use is in alignment with the comprehensive plans general guidance for development in that vicinity. Um if you look into the comprehensive plan uh we found that it supports uh generally uh guidance of redevelopment of that particular sector of town for a tech village serving as a modern neighborhood center providing opportunities for work shop eating and recreational uses uh with uses like office research development firms retail restaurants and some residential being encouraged. Uh there's no reference to a K through 12 type of uh institution being compatible with this vision. While

the property in question was not given a watercolor treatment in the comprehensive plan if you took a look at it um in the illustrations the illustrations are conceptual in nature u and illustrate the general policy guidance given in the text of the plan and that overarching policy guidance provided by the plan is for this and other office parks that were originally designed as static office spaces and are experiencing low occup Y rates to be considered for mixeduse development that does a number of things. One, enhances their appeal as employment centers. Two, fosters a reinvigorated and energized environment where citizens can live, work, and play across the campus. And three, bolsters tax revenues for the city. Uh this guidance has been applied to other office parks also dealing with similar circumstances including uh in iness and riverchase. In addition um we do not find that it aligns with the purpose of the metobrook plan unit development po district. Uh otherwise it would be considered a principal use permitted by right. Uh we also noted that the project scope seems to have been shifting and unclear as we navigated this application process and got to this point. The uses and scope and scale of the uses proposed on the site uh seem to have changed with each version of the traffic study that we received. Uh the proposed use would in our opinion have a negative fiscal impact given the proposed use would be a taxexempt use on the site. Potential conditions that could be considered as part of a conditional use

process including those capping enrollment uh altering or maintaining certain hours of operation for the community center component or traffic queuing and routing. that would be meant to address potential impacts would be very difficult for city staff to monitor and enforce. Uh some other considerations and notes that we made. Uh the building in total measures approximately 100,000 square ft across two floors. Um there are some comments that we made in the latest run of the traffic study uh that we have relayed to the traffic engineer and have not been addressed. I can let engineering go into those if need be. Uh but concerning the capacity projections of the facility, uh those that were provided in the traffic study, uh have been adjusted from previous iterations of the traffic study where it was projected at 350 students being enrolled in the school to the latest traffic study. We have a projection of 400 students being enrolled in the facility. and uh no indication has been made that this is the actual maximum capacity of the proposed school uh as the facilities on the ground dictate. Um to my knowledge, we've not had a capacity projection provided for the community center portion. Is that correct, engineering? Are you aware of any capacity given in the traffic study for the community center? Okay. And um I will note that the hours of

operation for the community center component appear to have shifted over the course of our dialogue with the applicant. Uh we started the conversation with there being a component that would be open to the public, the general public on Fridays uh along with uh some uh public uh opening of the facility for holidays and particular calendar events across the year. Uh under the current traffic study, the operations are noted as including um worship or prayer services, religious services three days a week uh both in the morning and the afternoon and uh an additional time on Friday overlapping with school hours where the facility will be open to the public. Uh let's see. One of the things that we went over with the applicant at the very beginning was that the traffic study was going to be of critical importance. uh not only because it would project uh future traffic volumes and patterns in the vicinity but uh it would actually lay out in detail uh the actual enrollment the occupancy of the building the programming of the space and the like. And um once we received the traffic study and went through the several iterations of that we've seen u there are still missing information from our standpoint as to the total capacity of the facility. Um, one [clears throat] of the things that um, and we actually had an additional meeting with representatives of the applicant to go over this in particular, uh, when we saw the projection at 350 students uh, at the

onset that uh, when they revised the traffic study, we wanted to be sure that they submitted a traffic study that accounted for the capacity that the space itself, the physical building will permit um not projections of who may be enrolled uh as a result of a certain community of faith and its size. Um, in fact, staff's of the opinion that that would not be good practice for us to look at an analysis of a facility based on a certain religious community and its size within our community, the makeup of the population, and have a correlation between that and potential enrollment of the facility. um I don't think that that takes into account the actual physical facility itself and the capacity that it can have and I think that's where the best practice for us is to remain um irregardless of who the target audience is. What can the building actually um be used for and how large a capacity can the building uh occupy? So [clears throat] again, um the applicant is projecting 400 pe 400 students enrolled in the facility. And again, uh there's still uncertainty as to how many people would be occupying the community center portion of the of the of the building. And so not having confidence in those numbers, the information provided uh doesn't give us confidence in the projections of the traffic pattern or the um the traffic

volume associated with it. Um [clears throat] and again we have um some some comments related to uh the property as it is currently projected to generate uh just south of $88,000 a year uh combined city Hoover property tax. Uh that was for last year. The proposed use would be a not for profofit with the a applicant seeking tax exempt status. Um we'd also note that um depending on what the true capacity is and the overlap of uses on the site um traffic could be impacting neighboring properties, more specifically the 2600 corporate drive property next door. Um there is a possibility that there could be some queuing occurring on an adjacent track. uh irregardless uh access to the 2500 corporate drive property would need a cross access agreement with the 2600 property. We also note that um should the planning commission and council uh approve the conditional use and any conditions that are placed thereon, we note that ALDOT would need to approve the traffic study recommendations given that there are um potential impacts to Alabama Highway 119 and that is of course an ALDOT maintained and owned roadway. Um, Mac,

you know, it's um, thank you for your dissertation of this booklet of non-compliance. Um, and my my question is based on and thank you for setting that out saying we won't we're not giving any special attention to this just because of the religious nature, but any property that we that comes before this board goes through the same rigorous thing about we ask for information and We hopefully will get that information truthfully from the applicant. Then it's presented for us to vote on. And I don't see where that has happened. There is a lot of perspective but no accuracy. Would you would you agree with that? When we're talking about pro, we're only talking about traffic study, parking, all that. Anything else doesn't really matter in my eyes as far as voting. We're talking about numbers, accuracy, plans only. You're saying that the majority of the stuff that we are asking for has not either been um supplied truthfully or based on the fact of what actually is going to happen on this property. Would that be correct? I would say that um through our conversations um the expectation that has been placed on staff and any my colleagues can correct me if they feel like I'm wrong here feel like the expectation has been that we we take it on faith that the

enrollment numbers are going to be suppressed to the levels that they've given us 350 or 400 students students based on what they are telling us about the size of the community at large from which students would be pulled and enrolled in this facility. Um, and I just don't know that that is within our purview um to limit the enrollment capacity of this facility uh based on a narrative that a certain population a certain religious community within our larger community is of a certain size. Um I think that gets outside of our framework. Rather for the best and most sound practice for us is to look at the facility that is there, the physical nature of that facility and what it what capacity it can have. Um, and our guidance to representatives of the applicant the last time we met with them before we had a new run of the traffic study was to give us a most intense case scenario. uh give us what the enrollment could be based on the size of the building because what we can do is go to the international building code which we operate under and for school facilities uh the the formula is 20 square feet per individual and that can add up very quickly. Um, if you're talking about an assembly space with no fixed seating, that capacity can translate to uh five square feet per person. So those numbers can get very

large very quickly. And I think for us to be sound in our practice, we've got to look at it from a standpoint of here is the physical nature of the site. It's 100,000 square feet. uh tell us what portion of this building you're going to use for what purpose and then give us the numbers based on what those components can hold, not what you think it will hold based on your understanding of the size of a certain subset of our community. Thank you for the clarity.

Any other questions? You got one? I was going to say, Mac, I think that's very gracious because we enforce looking at that full capacity when it comes to commercial properties and others, too. So, just having that dialogue with the the applicant is is very gracious of staff. Um, is the applicant aware of all of the comments that were made tonight? Uh, they are. We uh we provided them with a case write up um early last week. though if the applicant does not choose to continue tonight, they're prepared to address all of staff's comments. That's my understanding. They they are there are representatives here this evening for the case. Okay.

Anyone else? Yeah, I've got a question. Rosemary, looking at the traffic study and then looking at a a document that was provided by Southpace, which I hadn't seen before until I saw this in our packet tonight, they're stating that the traffic volumes are estimated to be 50% lower than if the building was fully occupied commercially. Was that based on the updated traffic study or is this an old document that you're aware of or I need to check on that really quick. Um, I think that was just based on the building not being occupied right now as office space. So, not if it was Okay. Yeah. Fully That's right. utilized.

Any other questions? Yes, Mr. Chair. Um, Mac, just to make sure that I'm following you about the occupancy of the building. Um, you're saying that it could be in excess of 5,000 people in terms of 20 square ft per individual. That's uh that's the formula that the building code has. It's um the school tabulation um would be uh 20 square feet per student. Thank you.

Any other questions? We still got some vacant seats for y'all that are standing. If y'all want to try to sit in some of these vacant seats, there's few over here and there's a few over there. Do you know if we've got the overflow room prepared for tonight? Matt, Matt, do we have the overflow room prepared tonight? Do you know if you can pick it up over there on video? I'm not aware of it being open.

Uh Mr. Chair, I will note that we have had a number of communications on this case submitted to uh the clerk's office uh from people who uh said they would not be able to be here tonight. Um, I think I can accurately report that the vast majority of those hear what you said. Say it again, please. I say we had a number of communications sent to the clerk's office regarding this case, uh, by and large from people who said they would not be able to attend. Um, the vast majority of those were, um, negative.

Okay. Okay. Have any other questions before we get started? I'd like to call the December 1st Hoover Planning and Zoning Meeting to order and ask the secretary to call roll please. Mr. Wood here. Mr. White, Miss Driver here. Miss Peace here. Miss White here. Mr. Lavoy here. Mr. Whisman here. Mr. Reed here.

This time I'd like to ask Miss White if she'd give the invitation. Please join me in prayer. Father God, we um in this season of thanksgiving, we give you thanks for this city, for the community that we have together. You give us so much that we take for granted. the brotherhood that we have with one another, food to eat and shelter, good city government. For all of these things are blessings from you, and we give you thanks for them. As we enter into this Christmas season, help us to remember our better natures. Help us to remember that you came to bring peace to our world. You came to help us live in harmony with one another. be with us as we do our business tonight. Help us to make wise decisions. In Jesus name we pray. Amen.

Amen. I'd like to ask Miss Peace if she would lead us in the pledge of allegiance, please. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Thank you. [clears throat] Prior to this meeting, each one of the me commissioners were given minutes for the November meeting. If there are no changes in those minutes, I'll entertain a motion to approve as they are written. Motion to approve. Second. Have a motion second. All in favor say I. I. Those opposed, nay.

Motion carries. Um, at this time we are we need to vote on the approval of the two 2026 planning and zoning calendar. You have a copy like not Looks like there's one. I'll make a motion to approve the calendar as submitted.

Have a motion to second. A motion second. All in favor say I. I. Those opposed, nay. Motion carries. At this time, we need to elect our officers and I will turn the meeting over to the secretary. All

right. The floor is now open for nominations for chairman. And I need a motion for chairman. Madam Secretary, I'm nominate um Mr. Woods for chairman. Second. Yes. Are there any other nominations? I'd like to make a motion for Miss Peace to serve as vice chair.

Second. And we Any other nominations? Right. Could somebody make a motion to close the nominations? I move that we close nomination on the um two presented names. Second. All right. All those in favor of Mike Wood for chairman and Jennifer Peace for You got a vote on closing the nomination.

Oh, I'm sorry. All right. All in favor of closing the nominations for Mr. Wood for chair and Jennifer Peace for chairwoman. All in favor say I. I. Nay. [clears throat] All in favor of Mr. Wood for chair say I. I. All oppose. Nay. The record show abstained. And all of in favor of Jennifer Peace for chairwoman, please say I. I.

I. Nay. I'd like the record to show that that was I abstain from that vote. Also, chair. Yeah. I'm I'm sorry. I her chairman. I was like, I'm sorry. I made a mistake. Jennifer, vice chair. Yes. Okay. Okay.

Okay. All right. So, tonight we have um some cases that were left over from last month. We will be addressing those first. Uh and so we're going to take it right straight down the agenda. If you have an agenda, the first case tonight we're going to be talking about is uh case um C2514. It has it has been continued until next month, which is January the 5th. has to do with a conditional use approval for the operation of a liquor store to be located at 5250 Medford Drive. If you have an interest in this case, it will be held on January the the the hearing will be held on January the 5th uh at 6 o'clock. No new notices will go out. If you got notices this time, you will not get a notice next time because we're announcing in this meeting. Is there any questions to what I've just said? Okay. First case tonight we're going to be here tonight is case S082532. Final map approval for the Padalino reservey for part of block 31 Shades Cliff. Purpose of this plat is to consolidate lots 1 12 I mean 112 13 and block 31 into residential lots. Staff recommends approval contingent on the submittal of a final signed myar. Who's representing this case? Got anybody representing this case? Okay, let's just move it to we'll move it to the end of the agenda. Don't let me forget that. The next case is S092536.

Purpose of this plan is to adjust the property line dividing lot one block 2 Martinwood Estates first sector and lot 21 block two Martinwood Estates fourth sector. Uh, we have not heard from this applicant. Is he here today? Okay. And I'll entertain a motion to continue this one till next month. I'll make a motion to continue as-25-36. Second. Motion second. All in favor say I. I.

Those opposed? Nay. Motion carries. Next case tonight is a conditional use case. Uh at no sub there set S 10 2545 Black Ridge commercial lots preliminary map approval for Black Ridge commercial lots and I think staff's got a couple comments they want to make on this staff [clears throat] excuse me staff recommends the applicant request a continuance pending approval of the traffic study and concurrence from Shelby County on the intersection design. Okay. Is the applicant here? You're okay with the continuence on that, sir?

Yes, sir. Okay. I'll [clears throat] entertain a motion to continue this one till next month. I'll make a motion to continue case S-1025-45. Second. Have a motion. Second. All in favor say I.

I. Those opposed, nay. Motion carries. The next case tonight is C 102512, 2500 corporate drive. was a conditional use approval for a K12 school and community center and a property located at 2500 corporate drive. Who's here representing this case? You come down and give us your name and address, please, sir, and tell us what you have in mind. Thank you, Mr. Chair. My name is Lucas Gambino. Um, and I'm here tonight. There are several of us here uh on behalf of the school project. And you know, initially we were going to present to you all a plan that showed our proposed school use and sort of go through the school facts around the school and the elements of the traffic study, etc. But as we heard from Mr. Martin, we did receive an email uh late Friday night before Thanksgiving that recited to a lot of the things that Mr. Martin just spoke about uh around the reasons for the staff to not favor this recommendation to you all for this for this project. And so I thought we'd take our time just to sort of try to talk about those things and just kind of hit them up one by one if that's okay. If that's

that's fine appropriate. Okay. Um you know we had spent gosh months uh working on this project.

We've had extensive dialogue with the city through emails whether it be submitting the initial traffic plan getting responses to that traffic plan talking with them via email. Cody Longer traffic engineer is here. He may need to speak in a minute if you think it's appropriate. and have [snorts] gone back and forth multiple multiple times over a series of of months with the city trying to make sure we're providing to you guys everything you need in the traffic study so that the city can then make an informed decision on this project. Uh despite our attempts to do that in the meeting that Mr. Martin and the and the and the other ladies referenced that we attended where we [snorts] went from soup to nuts on this project and really tried to drill down into all the various things that were applicable that we may want to think about and through that entire process we spoke about traffic. We spoke about our traffic study. These other items that have been raised tonight, which I'm prepared to speak about, uh were not raised until then. So, we had a sort of 11th hour uh lob to us of several items that seem to be very relevant to the decision by staff to not approve this or not recommended, I should say, uh that were not raised previous to that. I'm not suggesting that there's any sort of bad intent there. I'm just sharing with you that because we've not had a ton of time to respond to these things. didn't anticipate these things being a problem with respect to the traffic study and the and the and the uh staff's recommendation for this project. That said, um here we are tonight. So, so I'll do my best, but I'll tell you the first item, these are things that were just referenced previously as you guys heard in the in the in the planning session. The first item that's raised in the U report that Mr. Martin sent to us on on Friday evening before Thanksgiving, uh which didn't leave a lot of time the following week to address these things. We'd love to have had a conversation with the city to address all of these before we burdened you guys with this conversation. We weren't afforded that opportunity given the timing of when that when that came to us, which is unfortunate. Uh, nonetheless, um, the first thing that's been mentioned is that this proposed use of this building as a school does not align with the comprehensive plan and it

does not align with the Metobrook PUD PO District is the first item that's mentioned. Um, again, if we had more time to have shared this with the staff, we would have done so. But the zoning code itself, if you look on page 82 of the zoning code, it it clearly zones the property's planned office. And I don't think anyone disputes that it's a PO zone. [snorts] Um, the intent in section 8.0403 of a planned office zoning district is as follows. This is from the code directly. quote to provide for maximum flexibility in the development of areas to coordinate employment activity, services and compatible residential uses which do not materially detract from nearby residential areas. So the in the intent of that planned unit or excuse me planned office zoning designation is to provide for flexibility maximum flexibility it says even to ensure that whatever the use is that it's not going to materially detract from nearby residential areas. Um, [snorts] and so the reason I raised that and emphasized that is we had to ask ourselves after having received this from Mr. Martin's office is how this school would detract from nearby residential areas to stay consistent with the intent of the planned office zoning. Um, [snorts] furthermore, table 81 of the regulations on page 85 clearly establishes a school as a conditional use under the planned office development. So the zoning ordinance that this city has adopted as its own specifically contemplates a school being in a planned office environment subject to you all's approval of course but it's contemplated as something that would be permissible. So when we heard that this use of this building as a school is necessarily incompatible with the comprehensive plan. The only conclusion we could draw is that the comprehensive plan is incompatible with the city's zoning ordinance because the zoning [clears throat and snorts] ordinance clearly contemplates that a school could be approved by this body in order to facilitate the purchase of this building. [snorts] Um there are already

three schools in the area that are in close proximity to this building. Two of them are a quarter of a miles of clo crow flies. One of them is about half a mile. So there is the existing usage of schools in this nearby residential area. Again, keeping with the intent of what the zoning ordinance requires, and I'm happy to talk about any one of those schools if you'd like. And finally, on this first point, I will just make the point that the comprehensive plan is obviously not a zoning ordinance. I know we all know that. It's it's advisory in nature. Uh it cannot legally prohibit a conditionally permitted use. A comprehensive plan, the zonot ordinance has special rules that allow for that. Uh [snorts] and it does it guides the development, but does not override established zoning mechanisms like conditional use approval. So having said all of that, we would respectfully uh object to this idea that using this building as a school would necessarily be incompatible with a comprehensive plan and a metobrook po district plan that in and of itself is inconsistent apparently with the zoning ordinance the city is supposed to follow to consider this request. So that's the first point. Mr. Chairman, would you like me to stop after each one or should I just run through?

Keep going.

Okay, sounds good. Uh obviously if there's any questions, you guys will stop me. Um this and I don't have a whole lot more here but I'll try to be brief. So the next item that was raised is the project scope has been shifting and unclear. To that we respectfully object as well. Again this wasn't mentioned so we didn't have a chance to have this conversation but we've been very consistent from the very beginning several months ago when we first raised this with the city. We had two purposes of this building. One is a K12 school obviously parochial school. The other is a small auxiliary community center. Um and the primary purpose I think everyone knows what a K12 school is. The primary purpose of the auxiliary center is very similar to what you might see at John Carroll or any other parochial school that has religious education where there's space in the building that allows for a spot for students to pray consistent with the curriculum as a religious school. That's obviously comes as no surprise that this school would want something like that as well. That is the primary function of that space in the school is to serve the students. However, there may be members because we have experience with other community centers in the Birmingham area for this faith. There may be instances where people from outside the school come into the building and choose to do their prayers there. We're not going to dismiss that that's possible. That's not the purpose of it. It's not the intent of it. It's not our experience with other community centers that we've seen around the city that have also had an ancillary use like this school would would have. There's been an existing school in Homewood for a long long time in the very exact same structure. You have a school building. You have a separate space in the school building for prayer and on occasion people from outside of the school come in and con perform their prayers there. So we have a pretty good sense for the type the number of folks that will come into the community center based on the experience for 25 years. I understand Mr. Martin and I respectfully disagree that to say that we can't uh guesstimate what the use is going to be based on the actual use of a very comparable facility because it could result in more than that number of people. There's a lot of coulds and and and he's right. Theoretically I think that's correct. It could be more people than what we've experienced for the last 25 years. we

would simply argue that we would go based on the history to be the best guide of what's going to happen going forward. Um and

okay um so we have responded I I think maybe with due respect uh to staff I think maybe where there's been some misunderstanding about shifting I think there have been a lot of questions admittedly about the community center throughout this process those answers to the questions may have given the interpretation by city staff that we've modified our plan in some way we've simply responded to questions our plan was consistent all along We stated that in the original traffic study as questions were given to us. We responded to those questions and provided answers that may have changed the scope and the mind of the city what we were asking for. But we've been very consistent. We believe from the outset uh and have operated 100% good faith. We have not pulled anything back at all. We have no intention of doing that. We want it we want this to be something the city can be informed on, can make an informed decision, and if the city votes it down, the city votes it down. But we're not here to try to trick anybody. We're not here to try to mislead anybody. We're here to present our case just as anybody else would and hopefully you'll see that. Um the next item that was raised that the proposed use would have a negative fiscal impact um on the city. Understandable that that's a concern for the city to to to think about that. And you're 100% right. We concede that if the current building is owned by a for-profit tenant which is not exempt from property tax, therefore paying property tax to the tune of $88,000. I think I heard earlier. Um the portion of that $88,000 that's attributable to the city of Hoover, however, is 46ish% of that number because a lot of that money goes to the state, a lot of that money goes to county, goes other places. But the portion of that comes to the city is really around $41,000. So significantly less than the 88,000. That's not chump change. I recognize that that I can't just say it's only $41,000. But I will tell you if you consider the offset that would come by having the kids come and we talk about the 350 kids or whether it's 400 what that would be. We'll talk about that in a minute. The people that will be coming to that school on a daily basis, whether it be kids, student, uh, parents, teachers, administrators, etc. Uh, the economic study that we commissioned, independent economic study we commissioned, suggested that that

would create about $2.5 million conservatively a year in additional sales in the Hoover area, thereby creating sales tax at 9.5% total, but three and a half% of that goes to the city. You take three and a half% of $2.5 million, it's about $90,000. three and a half two% of of uh $3 million which is even more likely that's 110,000. So we would argue that the difference in taxes while you lose $41,000 you gain two and a half times that in the form of sales taxes. So I think if you take a look at the at the full picture you'd see that there's an actual favorable tax consequence to this project. Um let's see just a couple more here. I appreciate your patience. Um, and maybe this is where we need to spend most of our time, but we have in recognition of the of the suggestion that um, Mr. Martin has made that you can't really determine what the capacity of this school building is going to be in terms of enrollment without just assuming that every square inch of it is going to be filled up with students who are wanting to come to this school. Again, since 1995, there's been an Islamic school in this city, not the city of Hoover, but in the greater area in Homewood. And that student population has started off at, you know, 180, 160, whatever it's been, and it's grown to 260 over the course of 25 years. So, if you think of the families that are currently living in Hoover that would send their kids to this school, and let's be honest, it's likely to be Muslim families that would send their kids to a Muslim school. Those families already have a school and it's in Homewood and they're sending their kids there. And there's like 265 of those students that go there. those same students would be lifted and shifted to this new building to as much as we'd like to believe that there's that much demand for Islamic education in the city unless there's an influx of people that we're not aware of. Everybody that's in the Muslim community is aware of the school. I'll assure you of that. And they take their kids to that school building. So, we believe that the enrollment is very likely to be less than 350. It's 265 now and it's been just trickling forward for the last several years. We threw 350 out because

we were suggested by the city, give us a number. What do you think it's going to be? So, we kind of gave a conservative estimate of 350. It was only after additional pressure that we faced around, well, how can it be 350 if you could actually fit 5,000 based on the zoning or the building code. Okay, call it 400 then. And if we want us to if you want us to cap our enrollment at 400 students, we're willing to do that. We don't think we'll ever get there, which is one of the reasons we're willing to do it. But even if we did, we're willing to do that. If we went to 401, we'd come back to this body. we'd ask for approval and you could say yes or no in your discretion. So there are uh caps of enrollment that we've offered. We've offered to to cap the hours of the community center. We want to do whatever we can to allow you guys to feel comfortable with this decision. If there are things like that and capping the number of students that would make you be more palatable or the hours of operation the community center, we're certainly willing to to concede those things. Uh Mr. Barton raised or the city staff I think raised this idea that it would be very difficult for the city to monitor and enforce those operational standards and somebody please correct me but I think the city as a regulatory body already enforces and causes compliance with operational standard that's part of what the city's enforcement mechanism is. So given that we would be happy to provide in advance on whatever frequency you guys ask reporting certification of all the data that you need metrically to be able to assess whether we've exceeded 400 students or whether we have hours that are extending beyond what we've agreed to. We have no interest in going around anything we agreed to with you all. If you all say it has to be X, that's what it'll be. And we're happy to give you audit rights. We're happy to report that to you on a regular basis, whatever frequency you think is appropriate. So, I I'm I'm a little surprised to hear um that there's a concern about being able to enforce these caps. There was some discussion about caps. I'll concede that. Never discussion about an inability to enforce those caps. That's brand new to us. Uh and again, for the reasons I just described, I think that's something that respectfully we would argue is is not not a concern. Um, and then finally, and

I'll stop, um, is that this notion that the comprehensive plan contemplates, uh, a tech village in this park. First of all, I'm not even 100% certain that I didn't have a chance to confirm this, that this particular school building uh, in this portion of the of Hoover is even within that uh, tech hub. I think this building is actually outside of the tech hub, but be that as it may, let's assume that it's inside of it. The idea that holding these two 100,000 square feet buildings hostage for a tech buyer to come in and occupy those buildings. When you have a developer that owns those buildings, it's paying significant carrying costs on a monthly basis for those buildings that's going to be asked to sit back and wait for a tech buyer to come in and occupy those buildings. I can tell you the Drummond family is not going to do that. They're going to move forward and sell this building when they can sell it. And if it's a data center that they sell to, nobody's coming before this body. They're going to move into that facility because they're authorized to do so. And that's twice the 50% question that somebody raised earlier. That's actually twice the amount of traffic and volume that would be generated by an approved an existing approved use as a data center. So I say all that to say that I say all that to say that I think for a variety of reasons that this idea of a tech center while I understand why a city would would would want that. I get that loud and clear and as a resident of of the area I would think that would be great. I believe it's aspirational because you have a seller that's anxious to sell and is going to find a buyer of that building whether in the tech sector or not. You have 67% occupancy in the I459 280 corridor today in office buildings. 67% that's one-third of open space in all those buildings. These tech folks wherever they are, most of whom work remotely don't occupy office buildings anymore by the way. these folks that are going to be occupying that building as a tech person or as a tech company have a lot of places to choose from because there's plenty of office space available outside of this tech hub in the city of Hoover. So that's why I would just say that it appears aspirational to us that the city would focus and deny our application on this idea that well maybe if we don't let those guys come in

somebody else might come in in the future and the buyer may may be willing to wait for that. Hold on. Hold on just a minute. The buildings have been on the market for some time. You need to give him respect and then we'll let you talk. And I'm almost done. I'm almost done. I'm talking from the audience. Okay. Thank you, Mr. Chairman. Go ahead.

Um, I'll tell you that these buildings have been on the market for a long time. So, if these tech folks are lining up to occupy these buildings, I don't know where they've been. You need to tell the Drummonds about that because they'd love to sell their buildings to them, but they've not come around for for for quite some time, but we did. Um, so I think uh Cody, unless you have uh I don't mean to put you on the spot, but unless there are questions about maybe I'll let the commission identify questions and we'll determine whether Cody needs to come up. He's a traffic engineer that has that has done this done the study. The conclusion of the traffic study, by the way, is that there were no material impacts on traffic and we've been able to accommodate whatever that is. So, uh, so I will tell you that if if you have questions, that's that's sort of how we respond. And if I left something out, forgive me, please raise it. If there's something that's on the mind of a commission member that needs to be considered, we'd be happy to talk about it.

Okay. Thank you, sir. Yes, sir. Any questions for Mr. D? No, not yet. From us. You have any? You have any questions? I have some questions for Mr. Long. Okay. Okay. Are you available? Yep. Thank you. You'd give us your name and address, please, sir. Absolutely. My name is Cody Long. I'm here representing ACOM Technical Services. We're the traffic engineer for the project. Our address is 3800 Colin A Parkway, Birmingham.

Mr. Long, thank you for your traffic study. I have a few questions. Um, I [clears throat] know you use the IT trip generation rates to estimate the traffic for the school. Did you back check those against the traffic generation at the existing school by any chance? We did.

And what did you find? So the IT rates are more conservative. They generate more traffic in the peak periods than the existing school does. And [clears throat] as you know being in the business, there's uh the the IT rates vary from school to school. Schools no two schools are the same. And so um looking at the existing land use and the existing schools I think one of the reasons that it is a little bit more conservative, generates a little bit more traffic than the existing land use is because or the existing school uh is because that they provide shuttles to a large portion of their of their students uh and transport them in and so and and buses generally have a busing students generally has an impact on those rates and so but we did we did test that and that's what we found. And did the does the existing facility also have this sort of community center component to it?

And were you able to parse out the trip generation associated with that if it exists?

Okay. So this is the interesting thing about it. So yes, it's my understanding that the existing facility does have the the space, the the prayer space and so or the community center space. And this is a this is a fairly unique land use even for a private school uh due to faith-based and um [clears throat] the the community center staff had there was there was a lot of explanation and a lot of understanding about what the actual use of the community center is and how that generates traffic. uh and and because of the variable nature of their you know the way that people come to pray in in that location at that time. And so what staff asked us to do was is to utilize a a standard rate which would be the community center the closest applicable IT rate is the community center rate. And so [clears throat] what we did was is that we developed that we we the the school provided the the space the amount of space in the building that they expected this this part of the the school to take up the community center and then we generated traffic based on the actual IT rate for a community center. Uh and what that that the differences between the two is is that what we ended up having to do was is that we calculated it for the afternoon school peak. We calculated it for the afternoon commuter peak. In the actual previous submission of the traffic study, we did not include an AM peak period. And the main reason was is that based on the times, the prayer times and things of that nature, it would not be open at the same time that the morning commuter peak occurs. And so, and that's one of the qu that's one of the comments from the staff that has not been addressed. They mentioned that there's comments that we haven't

addressed. One was to revise a graphic. The other was is to include the AM peak period it trip generation analysis for the AM peak with with the community center even though technically it would not be in use during that time period. So are you saying the community center would be open during the prayer times which are before students arrive for school? Correct. And there there are trips associated with that. So, I mean, that could be depending on sunrise, right? Five o'clock in the morning. And we checked that. And we checked that it could start as early as, I believe, 4:00 a.m. And

and it would go it was generally done and the doors were closed uh by 7:00 a.m. Okay. And that morning commuter peak for for everyone else is generally so that's what would get added in to address staff comments. Okay. Uh then one other technical question for you. Um, in my reading of the study, there was a recommendation that the intersection at uh Doug, let's see, Doug Baker Boulevard um is that the one where you recommend an additional phase added to Absolutely. I'm glad you brought that up. So, so what my question is, okay,

um that that would address the issues on the side street approach by adding the phase, but what does that do to the other the main line um of Kaba Valley Road that you're going to take time away from in order to create the phase for the side street? I didn't see sure

it modeled with the phasing correct recommendation. All right. So, we tested it three different ways. And so, and and and to clarify one thing that Mr. Gambino said earlier, the the traffic study does recommend those improvements to mitigate any traffic impacts. And so, but [clears throat] so we tested it three ways. We tested the traffic signal as it exists today with no modifications. Then, we tested it splitphase operation, which changes the way the side streets utilize the traffic signal. It basically changes the way that the the traffic signal serves the side streets. And then we tested the the scenario that we recommended. The scenario that we recommended by adding the additional phase actually provided the lowest levels of ser or the the lowest delays, the better levels of service for the approaches. And what we were doing is and so this is way in the weeds, Miss White, but what it actually what we were doing was is that we were serving the the [snorts] Doug Baker Boulevard phase first. We were giving and giving that queue that cues up at that intersection time to get moving before we released the side street coming out of the development.

Okay. And so that's that's really the difference right there. You're basically clearing the longest side street queue. Correct. U Okay. So overall you did have an improvement. We I I wouldn't say it's improvement. I would say that it mitigated based on the traffic forecast that we made. Okay. Thank you. And I would also say just, you know, just to tack on to that too, in my opinion, I feel like, you know, one thing that's going on out there today is the people on Doug Baker, there's not a lot of traffic coming off of the Metobrook approach.

And so they're they kind of have free reign to go right there. And so what that does what that actually does is is that that gives a protected phase for them which when you start adding that more when you increase the traffic on Meadow Brook I feel like that would solve a problem that that would come up. The other thing you did in your study was estimate queuing for the school the drop off correct area and can you just walk me through quickly what methodology you used to estimate those were some pretty long cues. So sure what was your process for doing that?

So what we did was is that we took the existing queue at the we measured the existing queue at the existing school facility in Homewood. Okay. and we generated a rate of vehicle Q per student and then we applied that to the the school in its extended um enrollment as required by the traffic study and so that makes sense and we applied it there. Okay, thank you.

Any other questions? I guess I'm going to go back and ask about um with the developer a couple of the comments regarding um the comprehensive plan versus the zoning document. In our comprehensive plan on pages 42 and 43, we we do lay out what we envision as Metobrook Tech Village. Um and it is actually the boundaries of that appear just north of this property. And so I guess my question would be knowing that a comprehensive plan is a guiding document. It's a visionary document. It is not a zoning code and that's why we're we use that because we're a recommending body

to use it as a guide as to what the citizens have said they want. Um in that document it's looking towards in that tech park a lot of different uses from retail to new housing to new office park. And if we were to approve a school here that's tucked away in the very back which would conflict with a lot of the uses that are being proposed in the tech park because when you read that language it asks for those uses to be prominent and go towards 280 and to be you know buildings that are stately that bring in and introduce. How does the school begin to connect to that future use that we've we've outlined that we've started to envision?

Yeah, I mean that's a great question. ical connections in the plans we've seen. Yeah. And I think that starts to push against what the comprehensive plan's asking us to do. Yeah. And I I I guess, you know, given that the intent I I start we started with the zoning ordinance because we felt like that's sort of the guide. Uh I mean that's not the guide. That's the rule, I guess, on the zoning. Zoning is the use of the land. It it dictates that. Yes.

Yes, sir. And so given that planned office, which is currently zoned today, reflects in its own language that a school is an acceptable use if approved by this body, there are several other uses that are not listed there. It goes through detail to say here are series of uses that would be considered appropriate for conditional use approval if the zoning commission were to approve them. So it's contemplated in the zoning ordinance that a school would be compatible in that area of a planned office development. Over the top of that, you have the comprehensive plan, which again, we're not even certain that it's within that, but I but I trust that what you're saying

that's I think that terminology of conditional use is very critical because that's what drives us to this meeting this evening is that even though it's conditional, it is up to the applicant to make the case as to why it fits. Well, we think it that's a great point. What we would say is that it fits within the intent of what a planned office development is because as I read from the intent before, the goal and objective of this body is to provide maximum flexibility and only denies those uses that would materially detract from the nearby residential areas. And so, we're having a hard time understanding why a school when there's already three schools over there already would necessarily detract from the nearby residential areas. We would believe that a school would support a nearby residential area. I think that would that would facilitate a nearby residential area. And so I guess that's kind of where our our mind is that don't deny what you just said that to answer your specific question, I can't do that. But I'll tell you that we believe that given the zoning ordinance that really governs all of this that we're solely within it and we think the conditional use approval is appropriate because it's mentioned and we don't think we detract from nearby residential areas. We think we enhance that. Well, I'm al also addressing that the vision of the comprehensive plan to make the tech park that how does a school help and inform that that's part of the case. It's not just

how does it facilitate the more tech folks coming into the where we're going and what we've identified.

I don't know that a school would necessarily help or hurt that. I think the argument that's been made by staff as I understand it has been if this building gets occupied with somebody who's not tech then that's a problem. We want tech folks in this park and so anyone that's not tech is inconsistent with tech park whether it's a school or anything else. The fact that it's not a tech building is the problem I think. And so I would argue that the it's aspirational at best that there's going to be enough tech companies who are working remotely. They're going to want to come into that park when you've already got 200,000 square feet of office space in 2500 and 2600 office park today. The other building still sitting there vacant. You got 33% occupancy in that area for office space. So to think that it's a great idea. I just think it's a misplaced idea. I don't think it can come to fruition given the circumstances that we're in today. Given the number of spaces that are available for office tenants and the occupancy rates being as low as they are. We would just say that the city's argument that this should be preserved as a tech park is misplaced because it's just aspirational, not realistic. And so why would we deny an application for somebody that's going to use the building for something that's a legitimate use the zoning ordinance itself says can be used as a conditional approval when holding it out for a tech tenant that is aspirational is difficult for us to sort of be denied because there could be some chance down the road that maybe sort of kind of somebody could come along that could fit within that tech park designation which we don't think are coming.

I think I have to stop there. Okay. Any other questions for the developer? I I've got a question for the for Cody. Can you clarify the 50% reduction in traffic if it was a school versus a full fully built out commercial building? The uh just [clears throat] All right. So, I I don't know that it's 50%. Uh I'm not I don't know those numbers right off the top of my head. Uh what did they do? They consult with you to come up with that number or do they just I'm just curious. What was that? That's not a number that I came up with. I I'm not sure. But here's what I c here's what we can say. Here's what we can say. And that is is that

based on the the the school's projected enrollment of 350 students compared with that and versus the office land use in it trip generation, the school would generate less traffic. I I think that's pretty straightforward. But now when you add the community center, when you add other things in there, um, based on what we had to do to to meet the the recommendations of the staff that I I don't know that you can say it's 50%. Okay. Is the community center space could it host events?

No. the the community center. Well, I I'll answer that based on the way the community center operates today because remember the school exists. We're simply lifting and shifting it. And so there are no events in that building. It's a prayer facility and it's it's very similar to what you'd find in a parochial school. Should I just keep talking? Mhm.

Okay. So, it's very similar to what you'd find in a parochial school that offers space for its students to pray. The [clears throat] idea is that if it's a building that's a prayer facility and somebody from the community that's of that faith wants to come in and pray, we're not going to turn them away. And there is this there is this prepoundonderance in this faith for people to pray on time, pray in a facility is better than praying at home, etc. So there is a desire within this faith for folks to pray in that facility. So if there's someone driving by in his lunch break and wants to go pray in that facility at 2:30 on a Friday afternoon and we're having our the the prayer service, then they would come in there and do that. I can tell you that given the school in Homewood, we've been able to pretty easily map out the attendance from folks that are showing up to that community center in Homewood, exactly the same setup as what this would be. And it's negligible at best outside of the Friday afternoon between 2:30 and 12:30. That's the it shifts throughout the year based on the sunset sunrise. That 2-hour gap is about a 30-minute gap within those two hours every Friday throughout the year. There would be some desire from folks outside of that school, admittedly, to show up and go pray inside of that school. That's the use that could create any kind of traffic impact. Any other use of that based on our existing use of this facility in Homewood is infinite decimal. It just it's just not even recognizable. It just you don't even know that people are coming. There's one or two people in there.

Any other comments? Okay. Thank you, Mr. Gab. I assume that you have somebody that wants to speak. We're not going to let everybody speak. So, if y'all pick somebody out, Wait, wait, wait, wait, wait, wait, wait. We're not all jumping up at once. She got up first. We're going to let her talk. Everybody else sit back down.

Hi. Can y'all hear me? Okay. Um, I'm Nancy Cooper. I live at 3649 Cumberland Trace. Um, thank you for letting me speak. I know you are charged with making sure that none of the properties in your jurisdiction create problems for the general public. Converting the office at 2500 Corporate Park Drive to a school would create a huge problem. Between I65 and Highway 280, there are six schools already on 119, plus two more just off of 119 that use it as a main part of the route. These eight schools, the Brierwood Upper Campus, Bruno Monasuri, Our Lady of the Valley, Indian Springs, and the four Oak Mountain schools have a total combined enrollment of 5,631 students. Obviously, not all of them use 119 as a way to get to and from school, but a very significant number. a neighbor who drives a school bus who uses 119. So, she has to start picking children up at 6:20 because if she misses that window, they're late. Um, in addition, you have a lot of commuters who use 119 to get to and from work via I65 and 280. The building they want to use is right at the intersection of Highway 119 and Doug Baker Boulevard. There are a lot of other ways to reach the school that involve winding through the parking lots of other build businesses, but 119 is the most obvious and direct route. The strip of 119 between Doug Baker and Corporate Park Drive is ground zero for the gridlock. At multiple times throughout the day, you have cars coming from both directions jostling for a spot in the turn lane. I've been there many times on Friday afternoons that it's a parking lot. No one moves. The last thing the people who use that artery need is another school in the absolute busiest section of 119. I'm

asking you to please your author use your authority to prevent the worsening of this already bad situation. In addition, I don't know if someone else will be mentioning this, but there's an online petition um against using this building as a school that has collected about 1,200 signatures.

There you go. I haven't checked it lately. Um and the schools that Mr. Gambino referenced that are already in the office part are preschools. [applause] Yeah. And um in terms of projected enrollment, I say that um if you build it, they will come. Um, I like kids, but I don't want to hear kids yelling and class bells ringing and calls to prayer and all the other sounds that would be generated by opening a school in this office park. Um, this would significantly and materially detract from my residence. I am asking you to please vote no on this conversion project.

Thank you. [applause] My name is Jeff Wilson, 3101 Brook Hill Drive. Um, I created the petition back in June. Um, not because of this is a Muslim school because I sit on 119 every day. Today alone, when I picked up my child from Briarwood to get to the post office, which is two miles, it took 18 minutes. That was a light day. Imagine the folks and how many people here have kids in Oak Mountain school system that probably takes them 30 minutes to get from Oak Mountain to 280 already. I know there's already a development that's happening on Valley Del Road BJs that you guys probably have dealt with and good for you guys whatever y'all do with that. But people already treat Mebrook Drive like it's raceway. We are unincorporated obviously, so we have no police jurisdiction. The county does their best to come and police it as much as possible, but traffic studies be damned.

I sat for 18 minutes today to go two miles to get into my neighborhood because I can't turn left out of Briarwood is impossible, right? So, I have to go right to funnel towards that intersection. While we're talking about roads, if anybody's driven 119 at Doug Becker Boulevard and tried to turn right on the Doug Becker Boulevard, it's practically impossible because there's probably a 4ft hole. Okay, not your fault. State owns that highway, right? You know, with zoning exists for a reason, right? I think everybody here would like for you just do what the committee has recommended. you know, do do what's right by the people here. I I get that I live in Metobrook and I I am not a resident of city of Hoover, but I hope you take into consideration a lot of people that are here live in that same area. And there's probably [applause] and there's probably just as many Hoover residents on that side of town that unfortunately probably cut through Mebrook going a little too fast. So, I just ask you do the right thing for us as as the neighborhood in the community because if you really looked at the map, the houses that back up to that are probably 200 yards away.

So, if you can't say that that's not going to negatively impact property values, you're wrong. Thank you so much. [applause]

I need to get your name and address first, please, sir. Okay. David Bradford, 420 Thornberry Circle, Birmingham, Alabama 35242. Um, I appreciate, first of all, I want to say thank you to the members of the city council and planning board for having this hearing and I appreciate very much your service and serving the citizens of the community which was mentioned earlier. Um, I represent probably at least a hundred people, maybe more that are here tonight and several more that aren't here with that in support. Um, but we're here to oppose granting a conditional use permit for an Islamic school and community center in the Metobrook commercial business zone. Um, first of all, we support the comprehensive plan and economic development strategy. the vision of that uh it's been identified as a priority area for commercial you know business private sector even the tech part of it appeals to us as residents um it designates that property uh for things that would generate revenue uh taxes I think there'd be payroll taxes probably in addition property taxes payroll taxes um and I feel like this conditional use. I heard tax exempt. Uh I think this proposal definitely not only pushes against, as one of your members said, uh these long range goals of the comprehensive plan, but it contradicts it, goes against it. Um and uh definitely number one, to reply to what the gentleman said earlier, uh it would definitely detract from nearby residential areas. I think all the residents of the areas that are here would say that it would detract from the residential areas. Um, you're going to

have a K through2 school. It's from experience living there. There's a lot of traffic created by a K through2 school. Parents, kids, drop off, pickup, teachers, administrators, and in addition a community center. And so that I think the uh and I think anyone that's driven I mean I about those the times a day you'd pick up kids from school. I drove through that around that area today 3:00 4:00. It's a nightmare already.

So an additional 350 students and teachers and whoever's driving in and out picking them up however they're transported there and back would be an additional nightmare. I think anyone that's driven on Highway 280, 119, Doug Baker Boulevard, there's already it's already way I mean it's a nightmare already. So, you're just going to just make that worse for all the residents in the area. So, it definitely let me just use their words. It detracts from all of the nearby residential areas. Makes it harder to go home. Makes it harder to get out. Uh it's it's it's just definitely detracts. So I we just wanted to speak that it's definitely not the highest and best usage of that land nor is it zoned for that and uh we strongly oppose the conditional use being granted. Um, I think also it one you might you might want to consider or even ask. Not only would the community center be used for people coming to pray, but there are feasts that I I think there'll be people that'll come for celebrations. I think that was the question was asked. I think there would be more than just a few people coming in to praise my opinion. But thank you for your time.

Yes, sir. [applause]

I'm Suanne Scarbor. I live at 4924 Sussex Road. I'm very familiar with Cumberland Trace because I I turn uh at the first four-way stop. I take a left on Cumberland Trace and then a right on Sussex Road. And at the end of that block is where our house is. We've been living there for 32 years and we love living in Metobrook, but we do not want any more traffic. I have worked with the Birmingham the traffic engineer and I know about ingress and egress of getting into and out of areas. So we we are already it's already been mentioned that we have people that are cutting through Metobrook now.

A lot of it going on

and uh so we have just getting out on Metobrook Road to go out the back way or to go out the front way. But we just cannot deal with this. Metabrook is unincorporated Shelby County, but we are a good community. We are truly a good community and we don't need more traffic. That's the issue here, the main issue for any school that might be proposed. I think that's my opinion and uh I would just like y'all to take that into consideration because it's we just spent money on our house

upgrading just spent about $30,000 on our house in Mebrook and we plan to stay there but I don't know if we can stand it with the traffic. Thank you. [applause]

Hi, my name is uh Bruce Davis. I live at 408 Thornberry Circle in Hoover. Um, thank you. Uh, I want to thank, as David did, all of you for your hard work, your thorough and detailed uh consideration of this application. Um I oppose this for many reasons but the probably the first is the comprehensive plan. When the comprehensive plan was put together there was input from the community. It was a vision document and everybody got to have input into that document and zoning flowed from that document and despite uh what Mr. Gambino said he he got a little tricky with words and I think this gentleman here uh hit on it which is the reason we're here is because this is at variance with what that comprehensive plan calls for. And so I think there there must be a good reason if you're going to vary from it. Second thing is when we talk about what we want this community to be, uh we have to talk about the next generation of of young folks. Yeah. The vision is for a tech firm to come into this uh area with the comprehensive plan. Um and that's what we need. We need to stick to it. If we're going to change it, we have to understand why we're going to change it. So, uh the conditional use proposal, it comp it directly contradicts the long range vision for this community. Um it's not merely a loss of

one parcel. It sets a precedent that erodess the confidence among developers and investors, people who have already invested and people who may invest in the future. [applause] the people who are already there, they they've put their money down and now you're going to come behind them and say, "Well, we're going to put in a school and we're going to uh we're going to rent 10,000 or we're going to sell 10,000 of office space for 350 kids." Well, you know, that doesn't make any sense. That's not going to happen. They're going to fill that thing up and the

[applause] And if you feel like you're not getting straight answers, the reason is they don't want to tell the TRUTH

because a a community center is going to bring people in. It's not only going to bring people in from uh this city. It's going to bring foreigners into this country when they relocate. They're going to relocate to Birmingham, Alabama so that they can be there at that school and that community center and they're going to fill it up. So, it's a little bit ridiculous that we have these estimates. And then when it comes to traffic, we also have ridiculous estimates such as traffic's going to go down 50%. Nobody believes that. You can't have an you can't have an applicant that comes in and just shoves it in your face. Bald-faced lies.

[applause] I I I would like to address a couple of things that uh with all respect, Mr. Gambino uh who's he's a lawyer. He's a good talker. 10,000 square feet. I already covered that. They're going to fill that place up. Traffic's going to be off the feet.

I'm sorry. 100,000 square feet. I'm I apologize. uh he addressed the tax money as if it was a zero sum game. Immediately you use 8 lose 88,000. Yeah, a portion of it goes to Hoover, portion of it goes to the state, but if you bring in another business, that business is going to pay 88,000. You're just taking a hit right off the top. The next thing is we talk about a lot, you know, $2.5 million in retail sales. Uh that's not going to happen either because uh a number of businesses are not going to want to locate in this area because you're going to have [applause] you're going to have real problems with this community. I'm just telling you now, there's going to be an influx of of of other people that are going to create a problem for this community and we might as well just face it. So, uh, I guess my last point is, you know, we oppose the arbitrary rewriting of the commercial zoning to accommodate a project that conflicts with the stated economic priorities. And if you're going to change it, we need input. Conditional use permit would signal to the business community that Hoover's long-term plans and zone zoning ordinances are negotiable when political or community pressure is applied. Chilling future private investment exactly when we need it most. So, thank you for your time. [applause]

I need your name and address and we're going to start putting you on a clock. Yeah, you got three You got three minutes. Mr. Martin's going to keep the time.

All right. Won't be too long. Uh Johnny Padet, uh 3601 Cumberland Trace. I'm actually the closest house to the school of and right as they come in from Metobrook. So I see I'm at that corner where the stop sign is and I see that's I want to give more personal experience. I see the traffic backed up every morning already. When they start at if you add a few hundred cars to that, it's going to be backed up past the um past the stop sign. And so the traffic uh cit you know engineer and that's just not what the reality is. I'm there every day, every morning, every night and I see that traffic. So I'm giving personal experience. Um also have just a a quick personal experience and I I I want to give an anecdotal. I want to be very sensitive and careful in the way I say this. I don't I'm not in doing anything against any particular religion or anything like that. I'm not in any way indicting a religion or anything. I am sharing an anecdotal experience that we had. There's an Airbnb right next to me. They weren't supposed to have any kind of big parties, but they had a Islamic wedding there. They weren't supposed to, but they did. Um, at that time, I was out of town. I got people sending me um videos. Uh they blocked my cars in my driveway just they they parked I don't know how many cars 30 40 cars throughout the neighborhood. They parked in my driveway um without my permission blocking my cars that I didn't know if I was there or not. They drove through my yard waving Islamic flags and out the window and screaming things in Arabic because there's ring video of it. could show y'all or submit it to the community if you want. Um, but that happened just this past year. Um, and we weren't there. Luckily, you know, I don't know what would have happened if I was there or my wife was there by herself. It was very intimidating. And

I'm not indicting anything. I don't think that necessarily anyone I'm not saying. I'm just saying that's a cultural change that is different respecting boundaries. I'll put it that way. There's different cultures and there's different respecting boundaries. And that's all I'm saying. They didn't they didn't seem to think that was a problem to drive through my my yard leaving tracks in my yard waving holding flags out their trucks as they drove around screaming. That's that's my personal experience. Thank you. Thank you, sir. [applause]

Name and address, please, sir. Thank you for letting me speak. My name is Tom McCloud. I live at 8203 Castle Hill Road in Hoover. H I'm a Hoover resident and I work in Hoover at 100 Corporate Parkway. It's a building just out of the picture. Um and yeah, I agree that traffic would be an issue, but I'm really here to speak uh from the technical side and and how we're trying to promote the area. Uh I'm CEO of Mloud Software. We employ 420 [applause] 570 people overall. 420 of them live and work in uh Hoover. And uh recently uh m Mr. Gambino we've enforced a u return to office policy. So we actually are working in the office and uh um [applause] spending our money in Hoover. Um but um and we are we have been working with Shelby County 58, Inc. and the city of Hoover to help promote this as a technical incubator technical area. And right now, Mr. Gambino, you're you're right. This is aspirational. We're at a very and that's a very delicate place to be. It's really for it to succeed. the perception that it's real has to has to be there in order for people to move in. [applause] And we're investing a lot in this. Now, you can see uh a building labeled 300 up in the upper left of the picture. It's right across the field from where the the school is. Uh that building is also completely empty and has been uh for a number of years. So, I can identify with the Drummond family on what it's like to have an an empty building. But over the

last two years, we've invested $9 million in re refurbishing the building [applause] and we're just completing a um the redoing the common areas to get it ready, move in ready. Our open house is going to be month of January. would like to invite all the commercial real estate people uh that are in the room. Um and this is a key, you know, component. Uh and a school in that area that's supposed to be the tech center changes the whole character. Well, I would I believe

I'm not objecting because it's a proial school. If the city of Hoover was trying to open a school at this location, I'd be objecting. Um I think um um we we want to make best use of the um land and the facility. Uh we we want to give this uh tech 280 um as the you know name is um um been developed a chance to succeed. And so we would appeal to to um uh vote no on the proposal for the conditional use.

Thank you very much. Thank you, Mr. Cloud. [applause] Thank you.

Good evening. My name is Rex Blair. I live at 1456 Legacy Drive. I actually live in Hoover on that side of town. Um, I actually moved to Hoover in 8th grade. I went to WB Barry High School. Uh, from there I went off uh to the military, was commissioned, served for 20 years. So, I've been all over the country, all over the world. Finished as a lieutenant colonel at the joint staff of the Pentagon and said, "Hey, we're moving back to Hoover. It's a great community." So, we moved back. [applause] So, after retirement, we moved the family back. I'm married with six kids. All six of our kids have attended the Hoover City Schools public system. Uh, and as a family, we've just really enjoyed the community and I'm thrilled that we came back. It's just been a a great experience for us. Uh, so as as you can imagine, I have uh deeply care about this community and have a long-term interest in both this growth, stability, and integrity, not just for my own children, but for my grandchildren and their grandchildren, because that's what I see for this community. And I think this speaks to the concern is speaking to the long-term vision of what we want this area to be. And I'm not going to rehash what a lot of folks have said very well, but I do want to focus on a couple things. In my time traveling around for the last 20 years across multiple communities, you see people put in requests for exceptions and lots of promises are made, but very rarely are those promises kept over the long haul. And it always impacts the community when you depart from what the city set down as their plan. The moment you do exceptions, the more you have problems.

[applause]

The last thing I'd like to talk about as someone who has six kids in the school system, if there is a new private school placed in here, uh, it's going to impact us. And why is that? Because the applicant is already listed as a choose act participating institution under Alabama law. So what does that mean? It means any additional campus they open will operate under the same ESA or voucher funded model. Okay. So what? Well, this means Hoover City Schools would have direct and long-term obligations to this new private school, providing special education services, title funded support, and professional development allocations. These obligations impose real costs and real resource commitments from a school system that is already have a lot of pressure and a lot of responsibility. We should keep this in in mind as we continue to bring folks in. I'm happy to have people from all over the world come to Hoover. And you know what? We have the best school system in the state of Alabama to welcome them in and educate their kids.

We don't need something that doesn't fit our plan and doesn't really bring a lot of value. And it's on the applicants part. They have to prove the value. It's not on us to defend this. They have to demonstrate that what they want to do overcomes all the things that we are saying. So, in conclusion, given the location, the surrounding commercial operations, the traffic considerations, the intent of the city's comprehensive plan, and the additional fiscal and operational impacts this project would place on Hoover City Schools because of the Choose Act, this application does not meet the standards required for approval, and I respectfully ask that you would vote no. Thank you. [applause]

Thank you, Mr. Blair and thank you for the service.

Uh good evening. My name is Noah Webster, 5107 Colonial Park Road. Uh I want to thank the committee for holding this meeting, for giving us this opportunity to speak. I want to thank Mr. Gambino, Traffic Study, members of the school here who have come to represent their hope and ambition for this location. I would like to offer and remind the commission that it is on the school to demonstrate that this proposal is in the best interest of Hoover and Hoover and this location specifically. Tonight, we've heard about traffic, good or bad. Everyone agrees it's not going to be better. Tonight, we've heard about sales tax, property taxes, 40,000, 80,000, 90,000. Everyone will acknowledge that's not chump change. However, today with increased traffic, that is three fender benders or perhaps one ambulance ride. And we're talking about a K through2 school that will be here, I imagine, for decades if approved. That's not a net win. Next, schools normally reflect the neighborhoods they're placed in. We have several schools in this area. Oak Mountain, Spain Park, Brierwood, Westminster. additional. I live next to students at those local schools. My neighbors are teachers at those local schools. I have not heard any hirings for teachers from the neighborhood to work at this school. I don't know any students personally who will be attending this school. It is all driving from somewhere else coming to this area. My daughter, my daughter where we live in our neighborhood literally can walk to her school. That is why we chose to live there. It is a large part of the reason. So, I would ask the commission to consider that. Next, to echo the

lieutenant colonel's comments, I'm interviewing for a job on Tuesday across the street from uh MCle Technology, not a competitor, and it does phase into there are growing calls for tech workers to come back to the office. The spaces are beginning to refill. And does a school in this location encourage more of that and bring businesses back to this space as the city has planned and envisioned? Or does it not? I believe based on what we've heard tonight from Mr. Gambino, there are technicalities in the planning and and and the legal ease of the documents where it may be acceptable. I've not heard anywhere where for the long-term plan it's beneficial and I would just ask the committee to remember that. Thank you for Thank you. [applause] Before you get up, do you have some new information that you want to add? Because we've heard all the information about traffic and all the other information. Have you got some new information?

I had a request for y'all. I'm sorry. I have a request. Can you make it quick?

Yes, sir. My name is Meredith McKenna Satderfield. Um, I grew up in unincorporated Shelby County. I currently live in Metobrook at 704 Meta Ridge Court. I am I was so delighted when Mccclead Software moved into the Metabrook Office Park and uh [clears throat] I'm very I have a history in economic development. It gives me such joy when new jobs are brought in to my neighbors and members of our community. So my request is first of all thank you y'all for bringing MLED software and thank you Mr. Tom Mccclead for coming and my request is please tell us how we of our community can help in recruiting more technology companies just like y'all are focused on. I mean my children we [clears throat] live in Metobrook and and y'all took over the Metobrook office park and I didn't have any say in that. So all the tax dollars don't go to my children's school at Amberess Elementary School on Valley Road. they go to y'all. But I still want to be invested in everything that benefits the Metobrook Office Park. So, please I I don't know where to start, where to find um volunteer opportunities or abilities for us of Metobrook and the surrounding area to to support y'all and help you as you're looking for candidates for those office buildings in the Metobrook office park, especially focused on technology. So, please keep that in mind. You have willing folks that want to contribute and help,

okay? and communicate to us what we can do. Okay. Thank you. [applause] Ma'am, do you have new information? Yes. We're not going to rehash old information. Yeah, I have um Well, I need your name and address and we need it. Please keep it quick. Okay. My name is Martha Yanes. I can't hear you. You got to pull the microphone down to your mouth.

Sure. Tell us your name and Johannes. 2456 Montac Road. I just moved to Hoover. Um I just want to share my experience. I lived in England. Um I [snorts] just want to share my the antidopal stories that I have experienced because I have the long-term impact of what's happening. So can I read quickly? Please. Okay. [clears throat]

I was shocked to witness the land that gave us the King James Bible supposedly a Christian nation overwhelmingly being t taken over. I have witnessed in United Kingdom especially um in Manchester um Birmingham London that the multiculturalism did not work. The Muslims did not assemble. I mean um assimilate. [clears throat] In fact, the Brits bent backwards to accommodate their demands over and over again to the level of feeling the secondass citizens in their own country. The citizens could not even voice their grief because it was immediately associated with a type of phobia. They gave in an inch and were soon taken for rides miles away with no hope of landing back to familiarity. Here are a few specifics of how I watched the takeover. I have witnessed a local public library close to Friday to honor the Muslims prayer day. I have even seen elderly men hang out in libraries cracking pistachios and talking loud for hours as if it was a coffee shop. All the rules of the library were basically thrown out the window. The public swimming pools of the community center reserved a separate day only for Muslim women. The public schools removed pork from the menu because it offended the Muslims. The local supermarkets only served only halal meat to fit Islamic values. The Muslims ma'am, I'm going to stop you there. This was a We are here to to look at whether this school is appropriate placed. We're not here for that.

I just have some question. I'm sorry, but we're not going to listen to that. No. Okay. My concern is separatism creates long-term cultural takeover.

A few questions to consider. So, I just jump to that. I hear Hoover City Schools are the best top five in Alabama. Who wouldn't enroll their kids there? What do we know about the Islamic schools curriculums? Is there a designated body who oversees what's being taught in history, social studies, and about America? Do they pledge allegiance to the US flag in the school? Is there foreign funding? What is the school's motive for non assimilation into existing city schools? Are other ethnicities or non-Muslims allowed to join the school? Using our own freedoms as cover, how would this isolated community not endanger our own? Raised on our soil in our own neighborhood to theorically produce a generation of American citizens throughout grades K through 12. In reality, they're not assimilated nor integrated, but rather estrange from our society. Would that not threaten our own well-being and safety?

Ma'am, ma'am, I'm going to stop you because this has nothing to do with the school. [applause] Anybody [applause] have anything new to add? Mr. Gambino, do you have anything you'd like to add? No, sir. Any anybody on the planning commission have any questions? I think we've heard both sides. I'd like to ask I think we've heard both sides. Both people have spoken. I'm ready. I'm ready to call for a vote. Was he?

We're not going to talk from the back. If you're going to talk, you're going to come down here. [snorts]

Name and address, please. Alvivera or I uh patronize all of Hoover. I just moved from Porttoella Road to uh Chelsea just recently, but I was my kids go to Bri or my grandkids all go to Briarwood school and I associate with my church and everything else here. I was wondering where if this who this man works for if he was hired by these folks or how was he hired to do this traffic stud? He is a traffic stud he does traffic studies for lots of people we see. So, who was he hired by you guys to do the traffic study or was he hired by Shelby County or No, he he was hired by the applicant to do a traffic study.

Okay. I I think that we should have a traffic study done by the Alabama uh commission with I've read I've read the Alabama Commission and um I think they have done traffic studies. Mr. Martin has already addressed that once. So, I'll let him do it real quick. Pardon me. Mr. Martin has already addressed that once tonight, but we'll do it real quick. Okay.

Okay. Uh so the traffic study was one item that we requested from the applicant and um at the beginning we stated that it would be of critical importance uh not only for us to have a projection of the traffic and the traffic patterns but also in order to arrive at those projections and traffic patterns there would be an in-depth analysis of the use itself. the enrollment, the number of people that would occupy the site, etc. [snorts] And uh and over the course of our dialogue, uh what we found is that um initially the enrollment was projected at 350 students. Uh staff communicated some indigestion with that particular number considering um enrollment is approximately 260 now at a facility that is three times smaller than the facility that they are looking to occupy. Um and we raised that issue and asked that they come back with a a maximum intensity scenario. In other in other words, not giving us a number based upon uh the size community that they were telling us that they would be drawing from, but rather what can the facility accommodate given the phys physical nature of the property. Uh the latest run of the traffic study we have bumped that number up to 400.

I was referring mainly to the ALD DOT. You you said earlier ALD DOT would have to do a traffic stud. Gotcha. Yes. Given that uh Highway 119 uh would be potentially impacted by the facility. The Alabama Department of Transportation would need to approve the traffic study, the methodology, as well as any improvements or alterations to the operations taking place on Alabama Highway 119. Thank Thank you. I'm a senior citizen. Can I have the mic? Three seconds.

Put him on the clock. We looked uh we me and my wife the the big woman that came up here while ago. I got to have your name and address please. We I got to have your I got to have the question is when are you going to give me an answer? Dant I have to get you. I need to know.

Sir being who I am and who these people are. It took three different trips to find when you had the meeting. I'm going to be gentle and say I don't expect 6 months communication from y'all. As a veteran and a senior citizen, I can make the I could make the decision in 30 seconds. Can you give me your name and address so we can have you record it? You don't need it. You've got enough. I just You don't You don't deserve it. Okay. Any any comments from the planning commission? I'll entertain a motion.

This was quick. It better be.

Tim Harris, 5047 Oaks Park, Hoover. Um, just wanted the committee to know if you're not familiar with that with that particular lake in the business park. First of all, to to the uh to Gambino, those three schools that he referenced, those are prek. One's a learning center for deaf students. They have 30 enrolled. Um, Primrose Academy has like 25. But my main point I just for you to consider where 2500 corporate park sits on the lake to the immediate left are two vacant lots for sale wooded lots. So if this was approved, um then there's no precedent for what could be built on those two properties um by any other organization, any other business um because the standards have been weakened. Um the president is gone. So those wooded lots around the lake, you know, could be anything. Um and then they would fall back on this decision because you let that go. then we could build you know whatever we want to build here. So

well just whatever business whatever organization just something to consider that those are immediately adjacent to that property. Okay. I worked at that building for 16 years so I know exactly the proximity uh to the left. So thank you for your time. Thank you. [applause]

Any questions from anybody on the commission? I'll entertain a motion. Mr. Chair, I offer a motion that we um send this to the council without recommendation from the commission as we've done before. Do I have a second to his motion?

I don't hear a second. I'll entertain him. I'll entertain a motion. I didn't hear a second to yours, so I'll entertain a new motion. Mr. Chairman, I'll make a motion to deny the application based on staff comments and what we've heard this evening. Second, [applause] [cheering] I have a motion to have second. Second. Second. I have a motion to second. All All in favor say I. I. I.

All the oppos. [applause] [cheering] We are a recommending body. This will go to the council with a recommendation to deny to the council. But the applicant has the right to go to the council and make their application to the council. So I I want you to understand we are a recommending body. The council is the final say. So does everybody understand?

Thank you sir. [applause] Thank you Jesus. [laughter] [laughter]

Mr. Chair, Mr. Chair, Mr. Chair, do you want to announce maybe a short recess until I think that's a great idea. Okay, we're going to take a 10-minute recess.

Somebody's going to push you or you do something stupid. Somebody's gonna say Guys, anybody else Thank was

Hello everyone. I wasn't known. I work from a five. That's all right. You know Oh, yeah. says I'm in. He's a good friend of mine. I work for him for a long time. Um couple of things. Um although I'm a business, I'm a little embarrassed of some of the things. And I am a graduate of RLC.

Oh, okay. Yeah, that's where we are now. Brother graduated from I spent two years old. Oh, great. Drove the school. I have a soft spot in my heart. I was sorry to see y'all leave. I don't know what's going to happen, but we had a we had a developer ready.

Thank you. Good luck. Thank you. Good luck and good luck and appreciate finding what you need. [laughter] As Tom, you know, I've worked years. Well, it's tough. I'm telling you, we've got that a lot of money.

I hope he talks about the bigotry. Yeah, very clear. How you doing? Thank you for coming.

Thank you. And I got stuck on the biggest.

Can I get y'all to take your comments outside so we can go on with the meeting, please? And we need to meet like

somebody Can I get y'all to take your conversations outside, please? We got one that still hadn't shown back up. So, we'll wait on her. I don't [snorts]

y'all wish I had gotten on the agenda before? We don't want to be so We were hoping y'all would order pizzas and we could eat pizza. Okay. I want to reconvene the meeting. Uh the next case is a subdivision case. It's S122549 replat lots 3C I mean C3 and C4 Bowmont phase one. Final amount of approval for a replayout of lots C3 and C4 Bowmont phase one staff comments. It recommends approval contingent on the submitt of a final signed myar. Who's representing this case?

It's uh Todd Thompson MTTR Engineers number three Riverchase Ridge zips 35244. We're good. Um you okay with the myar? You going to get the milear? Absolutely. All right. Any comments on this one? I'll entertain a motion. I'll make a motion to approve S-1225-49. Second. Got a motion second. All in favor say I. I. Those nay. Motion carries.

Next case is S22550 Birch Tree Swim and Racket Club. Final map approval for Birch Tree Swim and Racket Club located at 3585 Burnt Leaf Lane. Staff recommends approval. applicant request a continuance for this pending. And so we need a somebody make a motion to continue this case, please. [snorts] Mr. Chair, I make a motion that we continue S1225-50. Second. I got a motion second. All in favor say I.

I. Those n opposed, nay. Uh, next case is S22551, Everly Phase 5B and sector 2. Everly phase 5B, sector 2. Staff's got comments they want to make. The case is conditionally approved based on the applicant completing the pavement through the binder layer, all drainage and street elements by Friday, December 19th. The conditional approval does not wave any city inspection and material testing requirements. All city regulation must be met. The plat will not be signed and/or recorded until the contingency items are complete.

Okay, any comments? Hey, Jonathan Belchure, Signature Homes, 3545 Market Street. Uh we appreciate the consideration and are uh accepting of the comments from staff. Thank you. Thank you. Any comments from planning commission? I'll entertain a motion. Make a motion to approve case number S1225-51 with staff comments. Second. Have a motion and second. All in favor say I. I. Those opposed, nay. Motion carries.

Next case is S 122552 Blackbridgeidge South reservey of lots 118 1813 and common area 93. Uh final map approval for the Black Ridge South Survey of lots 11813 and common area 93. Staff recommends approval. Who's here representing this case? Mr. Belure. Any comments from the planning commission? I'll entertain a motion. I'll make a motion for approval of S-1225-52. Second. I got a motion second. All in favor say I.

I. Those opposed? Nay. Motion carries. Next case is S 122553 Everly phase 1D. Uh Everly Phase 1D located at uh 16 76 Timberview Road. Staff recommends approval contingent on the following. And I'll let them make their statements.

The case is conditionally approved based on completion of pavement through the binder layer. for all drainage and street elements by Friday, December 19th. The conditional approval does not wave any city inspection and material testing requirements. All city regulation must be met. The plat will not be signed and/or recorded until the contingency items are complete. Any comments, Mr. Belchure? Yes, sir. Jonathan Belchure. And uh we appreciate the staff consideration and comments and uh accept and appreciate those. Thank you. I'll entertain a motion. [clears throat] Motion to approve case number S1225-53 with staff comments. [snorts]

Second. Have a motion second. All in voters say I. I. Those opposed? Nay. Motion carries. Last case is S122554 reservey of lot 119 1901 trace crossing sector 19. Staff has some comments on it.

The staff uh recommends the applicant request a continuance. Okay. So, can I have a motion to continue this case? I'll make a motion to continue the case of S-1225-54. I got a motion and second. All in favor say I. Mr. Chair, Mr. Chair, can we may need to hold the hearing before we have May need to hold the hearing before we vote. Is there anybody in the audience that here to speak on it? I can't I can't understand what you're saying. I'm sorry. Just in case there's somebody here to speak on the case. Oh, is there anybody here to speak on the case? Thank you. I knew that. I could tell that. [laughter]

All right. So, we got a we got a motion and a second. Uh, all in favor say I. I. Those opposed? No. Push one to the back. Yeah, I know. I got I forgot. I almost forgot that one. Motion carries. We had one case that was uh no one showed up. The uh Paladino reservey. Did anybody show up for this? Somebody want to make a recommendation. You want to conting it to next next month's case?

I'm sorry. It's AS082532 and it's a final map approval, but I I think they're they staff wanted to uh continue it to next month anyway. No, I think that one they said they're just waiting on final myar. Yeah, this one. I read the wrong one. No, you read it correctly, but Oh, just You're right. You're right. You're right. But nobody's here. Somebody want to make a motion to to approve as is submitted? I'll make a motion to approve the case with staff comments as contingent upon a final sign byar. Okay. Second.

I got a motion second. All in favor say I. I. Opposed? Nay. Motion carries. Any new business? Any old business? We're adjourned.